Introduction
The following sets out the terms and conditions of use (the “Terms of Use”) for ACollaboratory America Inc.’s (“Company”, “we”, “us” or “our”) website www.acollaboratory.com and any other website we make available that directly links to these Terms of Use (the “Site”). The purpose of the Site is to provide information, products, and services relating to Company’s mission, approach and initiatives.
READ THESE TERMS CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH THE SERVICES, INCLUDING AN AGREEMENT TO ARBITRATE FOR ANY DISPUTE RESOLUTION UNDER SECTION 18 BELOW.
Acceptance
BY ACCESSING OR USING THE SITE, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS OF USE WHEN THE OPTION IS MADE AVAILABLE TO YOU, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US AND HAVE THE AUTHORITY TO DO SO EITHER ON YOUR OWN BEHALF OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, AND THAT YOU HAVE READ AND UNDERSTAND, AND ACCEPT AND AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY, THESE TERMS OF USE IN FULL. IF YOU DO NOT AGREE TO THE TERMS OF USE, OR IF YOU OTHERWISE DO NOT MEET THE FOREGOING REQUIREMENTS IN ANY WAY, YOU MAY NOT USE THE SITE.
Additional Terms
When you make a purchase through the Site or use other services offered through the Site that expressly require the acceptance of additional terms, including but not limited to the Terms of Sale (“Additional Terms”), such Additional Terms shall be incorporated into these Terms. In the event of any conflict between these Terms and Additional Terms, the Additional Terms shall control. These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with Company unless otherwise agreed to in writing by Company.
To the extent that there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall govern unless expressly stated otherwise. These Terms of Use will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms of Use and any Additional Terms.
Access and Changes to the Website
Subject to your compliance with these Terms of Use and any applicable Additional Terms, Company grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, and non-sublicensable right to access and use the Site for your own personal or internal business use only, and not for resale or third-party distribution. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Content(s) in your possession and discontinue all use of the Site. You acknowledge and agree that if Company disables access to your Account (defined below), you may be prevented from accessing the Site, your Account details or any files or other content which is contained in your Account. Any unauthorized or prohibited use of the Site or any Contents (defined below) may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you, and that we may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at our sole discretion.
Use Limitations
Your use of the Site is subject to all applicable local, state, and federal laws and regulations. You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:
- copy, distribute, share, publish, use or store, or prepare derivative works from any Content on the Site covered by any copyrights, trademark, patent, or other intellectual property right belonging to Company or a third party, except with prior express permission of Company or entity party holding the rights to license such use;
- access, search, collect information from, or otherwise interact with the Site by “scraping,” “crawling” or “spidering” the Site;
- be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
- affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
- transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
- modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
- advocate or encourage any illegal activity;
- infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of Company or any third party;
- violate the privacy of any individual, including users of the Site; or
- violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).
Unless you have been specifically permitted to do so in a separate agreement with Company you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents or any products that are offered on our Site or otherwise made available by us.
Website Contents, Cookies, and Data Collection
The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term Site includes all of the Contents.
These Terms of Use constitute a legally binding agreement between you and Company regarding your use of and access to the Site. If you make a purchase of any products offered on our Site, our Terms of Sale found at [INSERT URL] will also apply to your purchase, and such Terms of Sale are hereby incorporated into these Terms of Use, where applicable.
Our Site incorporates the use of third-party technologies, including cookies and other tracking technologies to enhance user experience and to analyze performance and traffic on our Site (“Cookies”). Cookies and related information collected about your use of our Site may be shared with our service providers, advertising vendors, and analytics providers. For more information about our use of Cookies and how we may share information with third parties, please see our privacy policy found at https://www.acollaboratory.com/privacy (“Privacy Policy”).
Utilizing Cookies and similar tools, Company will employ a data measurement services for analytics of the website and for tracking the performance of an ad on behalf of the advertiser. Company further reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Site(s); or to protect our company and our affiliates. While we make commercially reasonable efforts to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third parties from illegally circumventing our security measures and obtaining this information.
Account
To access certain features of the Site, you may be required to provide certain registration details or other information and create an account (“Account”). It is a condition of your use of the Site that all the Account information you provide to us is correct, current, and complete at all times. It is your responsibility and obligation to promptly update any Account information when it becomes out-of-date. Any personal data processed by us with respect to your Account will be done so in accordance with our Privacy Policy. You agree that your access credentials with respect to your Account must be treated as confidential information, and you must not disclose Account access credentials to any other person or entity. Your Account is nontransferable. You agree to notify us immediately of any unauthorized access to or use of any username or password associated with any Account of yours, or any other breach of security. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Marketing Consent: SMS/Text Messages and Other Marketing Communications
By providing your phone number and opting in to receive marketing messages, including via SMS or text messages, from us, you expressly consent to receive marketing and non-marketing calls and text messages from or on behalf of Company, including those made using an automatic telephone dialing system (auto-dialer), prerecorded or artificial voice messages, or other automated technology, at the phone number you provide. Your consent to receive such messages is not a condition of any purchase. Message and data rates may apply. The frequency of messages may vary. You may opt out of receiving SMS or text messages at any time by replying STOP to any message you receive from us, or by following the instructions provided in the message. For help or more information, reply HELP or contact our customer service. For more information about how we use your telephone number and your rights and choices, please refer to our privacy policy.
If you are receiving marketing emails from us, you may opt out of future emails by clicking “unsubscribe” in the email we sent to you, or by otherwise contacting us at legal@acollaboratory.com
Participation in News, Events, Submissions and Comments
The Site encourages submissions to almost any aspect of our Site. As a user content-driven site directly related to your community, you are welcome to post any events, news items, photos, comments, classifieds or businesses (“User Content”). You acknowledge and agree that if you submit any User Content to the Site you will be solely responsible for such User Content. Company will not be liable in any way for any such User Content submitted. You further agree that you will not:
- submit any User Content which is harassing, abusive, threatening, harmful, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way.
- submit any User Content protected by intellectual property laws or by rights of privacy, unless you own the rights thereto or have received all necessary consents. You shall be solely liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights;
- submit any User Content which contains a virus or other harmful components;
- engage in activity that interferes with or disrupts the use of the Site by other users;
- submit any User Content that encourages any illegal activities, or provides guidance or instructional activities about such illegal activities;
- make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity; or
- make use of any User Content for commercial purposes, such as advertising any products or services, reselling or publishing the information posted or transmitted.
When submitting ANY User Content in ANY form to the Site, whether it be via message services, events, news, or comments, you are solely responsible for the content of any comments you make. You agree that no comments submitted by you to the Site will:
- violate any right of any individual, group, community or business, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights;
- be libelous or contain libelous or otherwise unlawful, slanderous, abusive, or obscene material, or constitute the misappropriation of trade secrets of any third party;
- disparage the products or services of any third party; or
- contain any personal information (other than your user name).
Company does not pre-screen, monitor or edit the User Content posted or submitted to the Site. However, Company reserves the right to edit, limit or remove any such User Content in its sole discretion. Notwithstanding, you shall remain solely responsible for any User Content you submit or post.
When participating in any publicly posted User Content on the Site, you may be exposed to User Content that is inaccurate, incomplete or unsuitable. The nature of the Site is to allow opinions and ideas, without infringing on others’ rights. Please notify Company (with the contact information posted at the bottom of this document) of any illegal or inappropriate User Content, and Company will take appropriate action. Company will ensure that any offending comments are removed, and take appropriate action against the offender. Company will not be responsible for the User Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information.
Company may establish procedures and practices relating to the use of and participation in the Site. Such procedures and practices may include limitations on the number of entries and the size of files that may be submitted, limitations on the number and type of User Content submitted at any given time and the number of days content will be saved before deletion. Company will not be responsible for any User Content deleted by Company or otherwise, or for your inability to submit any User Content.
Links to Third-Party Sites
Use of certain links on the Site will direct you away from the Site to third-party websites. Such third-party websites are not under the control of Company, and Company is not responsible for the contents of any such website or any link contained in such website. The third-party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by Company of any such website or the products or services offered therein.
Ownership of Intellectual Property Rights
The Site together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Site, is the exclusive property of Company and its successors, assigns, licensors, and/or suppliers. Nothing in these Terms of Use or Additional Terms gives you a right to use any of the Contents beyond the limited scope expressly provided herein, and you are granted no rights to any of Company’s trade-marks or other intellectual property under these Terms of Use.
No information or statement contained in these Terms of Use or the Site shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of Company or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.
You may not create a link to the Site without Company’s prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the Site provided that such link is to the entry page of the Site and does not portray Company or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.
The limited rights granted to you under these Terms of Use may be revoked by Company at any time for any reason whatsoever.
Links to third-party websites on the Site are provided solely as a convenience to you. If you use these links, you will leave the Site. Company does not control and is not responsible for any of such third-party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. Company does not endorse or make any representations about such third-party websites or any information, software, products and services located there, or any results that may be obtained from using such software, products and services. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third-party websites.
Digital Millennium Copyright Act (“DMCA”) Notice.
If you believe that any User Content violates your copyright, then in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), you should provide us with written notice containing at least the following information:
- A physical or electronic signature (i.e., “/s/ (print name)”) of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work(s) claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site and a statement of ownership of such work(s);
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Include the following statement: “I have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or protection of law.”
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective.
If you believe that your User Content was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
All DMCA notices should be sent to our designated agent as follows: [insert name, address, telephone number, and/or email for designated agent]. It is the policy of Company to terminate the user Accounts of repeat infringers. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, or was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Third-Party Information
Any third-party content, data or publications made available through the Site are furnished by Company on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of Company. Company DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
No Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SITE, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, AND MAKES NO WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT, NOR DOES COMPANY WARRANT THAT ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TSK LABORATORY INTERNATIONAL CANADA OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
Limitation of Liability
NOTWITHSTANDING ANY CONTRARY PROVISION OF THESE TERMS OR FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY, AND TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU AGREE AS FOLLOWS:
- IN NO EVENT WILL COMPANY OR ANY OF ITS AFFILIATES BE LIABLE FOR (i) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER, OR (ii) ANY DAMAGES FOR LOSS DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFITS, IN ANY CASE WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR CONNECTED WITH ACCESS OR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE AS A RESULT OF, (i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE; (ii) ANY CHANGES WHICH COMPANY MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE); (iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE.
- EXCEPT AS EXPRESSLY PROVIDED UNDER THE TERMS OF SALE IN CONNECTION WITH PRODUCTS PURCHASED THEREUNDER, IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ALL DAMAGES OR LIABILITIES EXCEED IN THE AGGREGATE THE AMOUNT OF ONE FIFTY U.S. DOLLARS (USD $50.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION;
- NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. SOME JURISDICTIONS FURTHER DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Termination
We may terminate your use of the Site and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
If you want to terminate your Account with Company you may do so by closing your Account, where Company has made this option available to you.
Company may at any time, terminate your use of the Site if:
- you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Use);
- Company is required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful);
- the partner with whom Company offered the services to you has terminated its relationship with Company or ceased to offer the services to you;
- Company is transitioning to no longer providing the Site to users in the country in which you are resident or from which you use the Site; or
- the provision of the Site to you by Company is, in Company's opinion, no longer commercially viable.
When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and Company have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.
Indemnification
To the maximum extent not prohibited by applicable law, you agree to indemnify, defend, and hold harmless Company and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, proceedings, demands, damages, and expense (including reasonable legal fees) related to (a) your violation of these Terms or use of the Site or products inconsistent with any applicable documentation; (b) your violation of any applicable law, (c) User Content, or (d) your violations of rights of or obligations to a third party.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
Waiver of Jury Trial; Binding Arbitration
YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
EXCEPT AS PROVIDED BELOW, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS UNDER THESE TERMS OF SALE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
YOU AND COMPANY AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY COMPANY FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; (4) TRADEMARK INFRINGEMENT OR DILUTION; OR (5) CLAIMS UNDER ADDITIONAL TERMS UNLESS EXPRESSLY STATED THEREIN OR ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS APPROPRIATE.
Applicable law, competent court
All matters and disputes arising out of or relating to these Terms of Use, including the arbitration agreement, are governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Washington.
General
These Terms of Use, together with any applicable Additional Terms, constitute the entire agreement between you and Company relating to your use and our provision of the Site.
You agree that Company may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site.
You agree that if Company does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to Company.
If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
The headings of the sections and subsections contained in these Terms of Use are included for reference purposes only, solely for the convenience of the parties, and shall not in any way be deemed to affect the meaning, interpretation, or applicability of these Terms of Sale or provisions hereof. When the context requires, the plural shall include the singular and the singular the plural; and any gender shall include any other gender. All references to “including” or “includes” or any variation thereof shall be deemed to include the terms “without limitation”. The words “hereunder,” “hereof,” “hereto” and words of similar import shall be deemed references to these Terms of Use as a whole. To the extent not prohibited by applicable law, these Terms of Use shall not be construed against the party who drafted these Terms of Use.
Obtaining Company's Consent
To request the consent of Company for any of the actions for which such consent is required under these Terms of Use, please send an e-mail to usa@acollaboratory.com. Company reserves the right to refuse any such requests in its sole discretion.
